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(영문) 서울남부지방법원 2013.08.26 2013재고합5

대통령긴급조치제9호위반

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. The Defendant, along with H, I, and J as students of the fourth-year course of trade in G University, proposed seven times from October 18, 197 to October 29, 197 to abolish the former Constitution of the Republic of Korea (wholly amended by Act No. 9 of Oct. 27, 1980; hereinafter “new Constitution”), and the Presidential Emergency Decree for the National Security and the Protection of Public Order (hereinafter “Emergency Decree No. 9”), to distribute printed materials containing the contents such as the cancellation, etc. of national emergency measures for the protection of public order (hereinafter “Emergency Decree No. 9”), as well as the said university’s building.

B. On October 30, 197, the Defendant, along with H, I, and J, produced 50 copies of “the Declaration of Spence against the Democratic Republic of Korea”, which is a representation of the content that publicly slanders subparagraph 9 of the Emergency Measures, by means of fraud, etc., from 23:0 to 04:30 on October 30, 197, the Defendant created 50 copies of “the Declaration of Spence against the Democratic Republic of Korea.”

C. After that, the Defendant, along with H, I, N,O, and J, gathered specific methods of demonstration from November 2, 197 to November 10, 197, and: (a) on November 12, 1977, theO conspiredd about 300 students at G University student restaurants to participate in demonstration with the appearance of “the freedom of a private teaching institute, illegally detained, and the right of those students, who were unlawfully detained, to be detained,” etc., and the Defendant distributed the above declaration and was defined with theO. The Defendant’s distribution of the said declaration at five front squaress of the above university, and entered the library as the fourth floor of the library and distributed the entrance door to H, N, etc. to the fourth floor of the university without the consent of the head of G University from November 11, 197 to 80 days before the date of public announcement of the demonstration, and then publicly asserted that the head of H and N, without the consent of the National University’s first emergency measures.

2. Progress of this case

(a) Seoul District Court.

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